Almutairi v. Holder

Ct. of Appeals lacked jurisdiction under 8 USC section 1158(a)(2)(D) to consider alien’s appeal of IJ order denying as untimely his asylum application since said determination did not turn on any question of law or constitutional claim. While Ct. of Appeals had jurisdiction to consider appeal of Bd.’s denial of alien’s application for withholding of removal, alien failed to show that, if forced to return to Kuwaiti, Kuwaiti govt. was unable or unwilling to control any threatening phone calls of the sort that alien had received four times by unidentified individuals more than 20 years ago. Ct. also determined that it had jurisdiction to consider instant appeal, even though at time alien had filed notice of appeal Bd. had remanded matter back to IJ to enter new period of voluntary departure.